Aged Care

04 April 2008

Role of the new Aged Care Commissioner

In 2007 the Aged Care Complaints Resolution Scheme and the role of the Commissioner for Complaints were replaced by the Office of Aged Care Quality and Compliance and the Aged Care Commissioner.

The Aged Care Commissioner is independent of both the Department of Health and Ageing and the Aged Care Standards and Accreditation Agency (Agency). In May 2007 Rhonda Parker was announced as the first Aged Care Commissioner.

The Aged Care Commissioner is able to:

• review certain decisions made by the Aged Care Complaints Investigation Scheme (Scheme). The Scheme is available to anyone who wishes to make a complaint about an aged care service which is subsidised by the Queensland government
• examine complaints about the Scheme’s processes for handling matters under the Investigation Principles
• examine complaints about the conduct of the Agency and the conduct of the persons carrying out audits, or making support contacts, under the Accreditation Grant Principles 1999, and
• examine particular matters on the Commissioner’s own initiative.

Before a complaint can be taken to the Commissioner, the complainant must either make the complaint to the Agency or the Secretary to the Department of Health and Ageing (Secretary), or at least have brought the matter to their attention.

A complaint must be in writing and state the reasons why examination by the Commissioner is sought. It must be received by the Commissioner within 14 days after the applicant was told about, or given feedback on a decision. The complainant must be an ‘aggrieved person’, meaning a care recipient of the relevant provider, or their representative, to whom a matter under investigation relates.

The Commissioner has discretion to examine complaints. The Commissioner has 60 days after receiving a complaint to examine and report to the Secretary. The Commissioner can only recommend a course of action to the Secretary and does not have the power to change a decision of the Secretary. Once the Secretary has received a recommendation, the Secretary must, within 14 days, confirm, vary or set aside their original decision.

From this summary, it is apparent that the scope of authority of the Commissioner is limited, both in the range of matters that can be considered, and what action can be taken as a result.

For further assistance or enquiries please contact:

Tim Longwill on 07 3233 8974